Any party who timely serves and files a Jury Demand (or, if untimely - by order of the court) and pays the required fee, is entitled to a jury trial, unless prohibited by statute or contract. If not demanded or ordered by the court, a jury is deemed waived.

Jury Demand - Small Claims/Commercial Claims

A plaintiff in a small claim and a claimant in a commercial claim or consumer transaction is deemed to have waived the right to a jury trial.

Any other party, before the day that the action is notice to be heard, may demand a jury trial.

The party demanding a jury trial must prepare and file with the clerk a demand for a trial by jury with an affidavit stating specifically what issues of fact require such a trial and indicating that the jury demand is desired and intended in good faith.

There is a required fee to be paid at the time of filing.

The party demanding a jury trial must also post and undertaking payable to the plaintiff or cash in the sum of $50.00 as security for any costs recoverable by the plaintiff at trial and upon appeal. If the defendant is awarded judgment, dismissing plaintiff's claim at trial, or is successful upon appeal, the undertaking is to be returned to the depositor. The jury demand fee is not refundable under any circumstances.